Stream Access in Your State

[ScottP]

I guess I'm lucky in that the states I fish the most, Montana and Virginia, the access laws allow entry and movement up and downstream on navigable water as long as one stays below the high-water mark (although there are exceptions, like portions of the Jackson River in Central VA).
I saw that Utah just re-instated their angler-friendly laws, that had been taken away in 2010 http://www.deseretnews.com/article/8...aw.html?pg=all
What are the rules on your home waters?


Regards,
Scott

[melk]

Here in NH as long as it not posted you can take your chances and go out. Most places will be labeled if they don't want you. Most people are okay with access.
Mike

[Bruce Norikane]

Colorado is completely landowner biased. Landowner owns the stream bottom. You cannot wade through their land. If you float through, you cannot touch bottom, e.g. bump a rock or anchor. In addition, Colorado does not recognize the the federal definition of a navigable river, so many small rivers cannot be floated. Basically, Colorado defies the federal laws.

Also, Colorado property owners do not have to post No Trespassing signs. It's our responsibility to know when you've crossed the invisible line onto private property. You can be arrested for trespassing, on completely unmarked private property.

Despite these favorable laws, Colorado interests are pushing for more restrictive laws.

[djo]

In Iowa we have two classes of rivers. Some larger ones bear the enigmatic name "meandering rivers" and these belong to the state so we are allowed to touch the river bottoms and use sandbars that appear as water levels drop. The vast majority are "non-meandering" and on these the river bottoms belong to the land owners that own the shore. We are still allowed to float these waters but access to the banks and river bottoms is restricted.
David

[johnstoeckel]

We've got a pretty great system here in Minnesota. We have a very extensive system of "easements". Easements are for angling access only and generally extend 66' either side of the center line of the stream. The easements are marked on publicly available set of maps and are also marked at access points (eg, road crossings). Generally, where there is an easement, you'll also find stiles for crossing fences. Easements are procured by our DNR with one time payment to the land owner and once purchased, the easements are perpetual.

In addition to easements, we've also got the "wet foot" / high water mark law. However, the streams around here are generally quite small, so most anglers that I know stay off streams unless they are eased or they have landowner permission.

Appreciate you bringing this up. Its an important topic both in terms of fishermen finding access and in terms of fishermen respecting landowners rights. Fishermen need to recognize that abusing access --eg trespassing, littering, disturbing livestock, damaging fences -- risk access rights for everyone.

[Luke McLeod]

Illinois- navagable water means rivers large enough for commercial barge traffic. Everything else is private and may not be waded, fished or even floated without the expressed consent of the land owner. Agriculture rules in Ill-annoys. I'm still lucky that there are state lakes and a few rivers around bounded by state parks that are accessible.

[Luke McLeod]

In Ill-annoys and Indiana both I have seen barbed wire strung across creeks. Not the relaxing kind of float I want to go on.

[Jayatwork]

In Oregon the few streams that have been declared navigable, federally, are accessible below the ordinary high water mark. Other streams that may have been considered navigable at the time of statehood, should also be accessible, but the law is less clear. I believe the state attorney general issued an opinion to that effect, but to my knowledge it has not been tested in court.

[tigfly]

In Ohio you can float through but can't touch bottom if it is posted.

[Uncle Jesse]

In Georgia if the landowner owns both sides of the stream they own the water also, very much like Colorado. There was a case back several years ago where a landowner shot a guy floating "his stream" and got off. Some of the controlled streams are pig farms with pay to catch and release operations.